Humber/Ontario Real Estate Course 1 Exam Practice

What are surface rights in the context of real property?

1. Also referred to as mineral rights.

2. Associated with the right to use or alter the surface of real property.

3. Associated with the ability to use land for the sole purpose of extracting minerals.

4. Not registered in a land registration office.

5. They grant the right to build structures but not to alter the terrain.

6. They include air rights but not subsurface rights.

The correct answer is: Associated with the right to use or alter the surface of real property.

Surface rights in the context of real property are associated with the right to use or alter the surface of the property. This means that the owner of these rights has the authority to make changes on the surface of the land, such as building structures, landscaping, or any other alterations that do not interfere with mineral or subsurface rights. Option A is incorrect because mineral rights are different from surface rights. Option C is incorrect as it specifically refers to mineral rights. Option D is incorrect because surface rights can be registered in a land registration office. Option E is incorrect as surface rights include the ability to both build structures and alter the terrain. Option F is incorrect because surface rights do not include air rights; they are strictly focused on the use and alterations of the surface of the property.